Ex parte YU et al. - Page 6




              Appeal No. 1999-0080                                                                                     
              Application No. 08/558,929                                                                               


                     The relocated portions 16, 18, 10, or 22 may be within user-accessible                            
                     memory space, or in protected memory space as portions 16', 18', 20', or                          
                     22', as shown in FIG. 4. The choice is typically microprocessor dependent.                        
                     Control of the computer can then be turned over to other processes.                               
                     Here, Sherer discloses that the unnecessary procedures associated with various                    
              versions of drivers are overwritten or discarded after initialization.  (See Col. 5.)                    
              The examiner relies on column 6 to teach the initialization code for beginning the initial               
              portion of a boot up routine.  But in column 6, Sherer is concerned with a device driver                 
              rather than the boot up at the very beginning of initialization.                                         
                     The relevant portion of columns 6 and 7 are reproduced below:                                     
                     [a]s mentioned above, when the device driver is first loaded in the memory,                       
                     each of the performance critical program segments is composed of at least                         
                     one code block, each code block is optimized for one or more particular                           
                     variant architectures, within which the device driver is intended to run.                         
                     The initialization process for this preferred embodiment is                                       
                     illustrated in FIG. 7. It begins when the operating system reads the                              
                     program image of the device driver from a secondary storage                                       
                     device and loads it into memory. The operating system then                                        
                     branches to the initialization code of the program, InitCodeSeg,                                  
                     which has been loaded into memory.                                                                
                     The initialization process includes the nine steps illustrated in FIG.                            
                     7.                                                                                                
                     As mentioned above, the process begins by loading the program                                     
                     and calling the initialization code (block 70). The first step involves                           
                     printing a message on the display terminal identifying the software                               
                     which is being                                                                                    



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